BAP certified question to Nevada Supreme Court: “May a judgment debtor claim exemptions under NRS 21.090 belonging not only to herself, but also to her non-debtor spouse?”
Judge Riegle permitted the debtor spouse to assert the exemptions of her non-debtor spouse, relying on Judge Haines’ determination of the same under community property law in In re Perez, 302 B.R. 661 (Bankr. D. Ariz. 2003). Judge Riegle and the BAP noted a contrary, unpublished decision from Chief Judge Nakagawa in In re Rivas, Case No. 08-16253.